1989-03-13 Public Hearing and Regular Meeting

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• ORDINANCE NO. 1603 AN ORDINANCE GRANTING A LICENSE TO McDONALD'S CORPORATION FOR USE OF THE SURFACE OF THE NORTH THREE HUNDRED TWENTY-FIVE FEET (325') OF THE SIXTEEN FOOT (16') ALLEY IN BLOCK ELEVEN HUNDRED ONE (1101), TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; RETAINING PUBLIC UTILITY EASEMENTS; PROVIDING TERMS AND CONDITIONS OF SUCH LICENSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Subject to the terms and provisions hereof, and under and by virtue of the power granted to the City of La Porte under its Home Rule Charter, and Chapter 13, Title 28, Article 1175, of the Revised Civil Statutes of Texas, 1925, the City of La Porte hereby grants a license for the use of the surface of the hereinafter described portion of an alley in the City of La Porte, to McDonald's Corporation, to -wit: The North 325 feet of the alley in Block Eleven Hundred One (1101), TOWN OF LA PORTE, Harris County, Texas, being that portion of the alley lying and being adjacent to Lots Twenty (20) through Thirty-two (32), both inclusive, Block Eleven Hundred One (1101), TOWN OF LA PORTE, Harris County, Texas, being a tract of land 16 feet by 325 feet. Section 2. The term of this license shall be for so long as McDonald's Corporation, its successors or assigns, operates a lawful business on Lots Twenty (20) through Thirty-two (32), both inclusive, Block Eleven Hundred One (1101), TOWN OF LA PORTE, Harris County, Texas. Section 3. As consideration for this license agreement, McDonald's Corporation, its successors and assigns, agrees to landscape and maintain a "conservation setback" on the West (41) of such alley, in accordance with the terms and provisions of Ordinance No. 1501, the City of La Porte Zoning Ordinance, which provides, among other things, for landscaping with trees, shrubs, and groundcover, with a planting plan required to be submitted and approved by the City of La Porte. In addition, McDonald's Corporation, its successors and assigns, further agrees to landscape and maintain a "conservation setback" on the approximate East fifteen feet (151) of the Harris County Flood Control right-of-way, adjacent to said alley, in accordance with the requirements of the Harris County Flood Control District. It is anticipated that such requirements will call for